Section 128 does not apply if the person makes a record of, discloses or otherwise uses protected information in good faith:
(a) in performing, or purportedly performing, his or her functions or duties under this Act; or
(b) in exercising, or purportedly exercising, his or her powers under this Act.
Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code ).